Financial Exploitation of Elderly Must Be Addressed

Published in Pawtucket Times, February 7, 2015

 Professor Philip Marshall, Coordinator of the Historic Preservation Program at Roger Williams University in Bristol, entered Room 562 in the Dirkson Senate Building not to testify on historic preservation policy, as he often did, but to share a family tragedy.  Marshall’s testimony detailed how his grandmother, New York philanthropist Brooke Astor, was financially exploited in her later years by his father.

Brooke Astor, a philanthropist, socialite and writer, was presented the Presidential Medal of Freedom by President Bill Clinton in 1998, for her generous giving of millions of dollars to social and cultural cause.  Marshall, one of four witnesses who came before the U.S. Senate Special Committee on Aging this past Wednesday, would say, that his 105 year old grandmother, who died on August 13, 2007, was considered to be “New York’s First Lady,” and a “humanist aristocrat with a generous heart.”

Marshall, a resident of South Dartmouth, Massachusetts, told the panel his mother would never have wanted to be known as “one of America’s most famous cases of elder abuse.”

“Nor did she, while in the throes of dementia, choose to be victimized to be deprived, manipulated and robbed – all as a calculated ‘scheme to defraud,’ as later characterized by the Manhattan District Attorney,” said Dr. Marshall.

Astor’s financial exploitation “may be her greatest, most lasting legacy,” says  Marshall.

In his testimony, Marshall told the attending Senators that after a three-month battle for guardianship to protect his grandmother’s assets, a settlement was reached five days before the court date.  A criminal investigation launched by the Manhattan District Attorney after a potential forgery was referred to his Elder Abuse Unit, would later lead to the indictment in 2007 of his father and a lawyer, says Marshall.

Two years later, after a six-month criminal trial the jury would find Marshall’s father guilty on 13 of 14 counts against him.  All, but one, were held up on appeal.

“While my grandmother’s stolen assets were reclaimed, many elders never reclaim their money – or their lives,” observes Marshall.  “Here, for financial transactions, enhanced detection, mandatory reporting, and greater reporting of suspicious activity will help,” he says.

A Growing Epidemic

 In her opening statement, Senator Susan M. Collins, (R-Maine) who chaired, the Senate Aging Panel’s hearing, “Broken Trust: Combating Financial Exploitation Targeting Vulnerable Seniors,” warns that a growing epidemic of financial exploitation is happening – one that she estimates to cost seniors an estimated $2.9 billion in 2010, according to the Government Accounting Office.

Financial exploitation is a growing problem in Rhode Island, too, notes Senator Sheldon Whitehouse (D-RI), a member of the Senate Aging Panel. “Sadly, this number likely underestimates the cost to victims because older adults often do not report abuse, particularly when it involves a family member.”

Senator Whitehouse noted that this week’s Special Committee on Aging hearing examined the challenges to identifying and prosecuting fraud schemes and highlighted strategies to prevent the financial exploitation of seniors. “There are steps we can take to address this problem, and I strongly support the Older Americans Act, which recently advanced out of the HELP Committee and addresses financial exploitation and other forms of elder abuse,” he added.

“Over the past several years the Rhode Island State Police has experienced a steady increase in the number of complaints of elderly exploitation and larceny from individuals over sixty-five-years, says Colonel Steven O’Donnell, who oversees the Rhode Island State Police.  During the past six years his Agency has investigated 40 complaints amounting to a total loss to victims of over $1,000,000.00.

According to O’Donnell, in 2010, State Police investigated four complaints related to elderly exploitation and/or larceny.  Four years later, 14 complaints were investigated. “These increases may be attributed to the increased computer literacy of willing perpetrators and the increased accessibility to bank accounts online, which provides perpetrators the opportunity to conduct their criminal activity behind closed doors,” he says.

Combating Financial Exploitation

To ratchet up the protection of older Rhode Islanders against financial exploitation, Rhode Island Attorney General Peter Kilmartin and the Rhode Island General Assembly passed a bill last year that extends the statute of limitations for elder exploitation from three years to ten years. Kilmartin says the new law, sponsored by retired Representative Elaine A. Coderre (D-District 60, Pawtucket) and Senator Paul V. Jabour (D- District 5, Providence), gives law enforcement officials the necessary time to build a proper case for charging and subsequent prosecution, bringing it in line with other financial crimes.

“The law about financial exploitation is on the books—let’s enforce it,” says, Kathleen Heren, State Long Term Care Ombudsman, at the Warwick-based Alliance for Better Long Term Care. “What a sad world we are in where a senior or a disabled person loses everything they have scrimped and saved for to a greedy individual who, in the majority of cases, is a family member,” she adds.  Over the years she has also seen financial exploitation involving clergy, lawyers, bank tellers, brokers, and “people who you would never suspect would steal from a frail elder.”

“Many people who hear “elder abuse and neglect” [or financial exploitation] think about older people living in nursing homes or about elderly relatives who live all alone and never have visitors. But elder abuse and financial exploitation are not just problems of older people we never see. It is right in our midst, and as Attorney General, I am committed to doing all I can to protect all of the citizens of our state,” says Kilmartin.

“Many elders rely on others for assistance, but oftentimes think they can easily trust these helpers to handle their financial affairs, only to be robbed of their hard earned money,” says Kilmartin, noting that in some cases the perpetrator leaves the victim penniless.

Kilmartin notes that financial exploitation of elders is one of the most challenging crimes to investigate, charge and prosecute.  By the time law enforcement becomes aware of the abuse and investigates the matter, the statute of limitations has often expired.  “The statute of limitations needs to be more reasonable so these complicated cases can be prosecuted appropriately,” states Rhode Island’s Attorney General. “Seniors, especially those who must rely on others for care, were unnecessarily made more vulnerable by the previous short statute of limitations,” he says.

According to Kilmartin, The Office of Attorney General has a specialized unit of prosecutors and investigators that handle elder abuse cases.  Several years ago, the Elder Abuse Unit was created because of the large percentage of Rhode Islanders who were age 60 and over. The special needs of the older victims and the fact that elder abuse, neglect and exploitation crosses all racial, socio-economic, gender and geographic lines made the need for a special unit apparent.  Coupled with this fact that this age group is the State’s fastest growing demographic, crimes against older persons often times go unreported, presenting high temptation and low risk for prosecution.

In Rhode Island, there is a mandatory duty of all citizens to report a suspicion of elder abuse and/or elder financial exploitation. To report elder physical abuse and/or elder financial abuse, contact your local police, Rhode Island State Police or the Rhode Island Division of Elderly Affairs at (401) 462-3000 or dea.ri.gov.

Herb Weiss, LRI ’12 is a Pawtucket writer covering aging, health care and medical issues.  He can be reached at hweissri@aol.com or at 401 742-4372.

 

Advertisements

Regular Folks Give Advice to Graduates

Published in Pawtucket Times, May 23, 2014

This month, commencement speakers at Rhode Island’s Colleges and Universities will give the Class of 2014 their tips on how they can successfully find their professional niche, in a state with the distinction of having the worst employment rate in the nation and continues to be one of the last states to see an economic revival.  Rhode Islanders are also known for their inferiority complex and general attitude about the quality of life in the state.

Robed graduating seniors will sit listening closely to commencement speeches, given by very well-known lawmakers, judges, television personalities and Business CEOs, detailing their observations and advice, and how if closely followed, just might give the graduates a more rewarding personal and professional life.

 Typically a commencement speech (the length being about 10 minutes) is given by a notable, successful, stimulating figure well-known in the community, nationally or internationally. While some colleges and universities may enhance their prestige by bringing in high-profile speakers (University of Rhode Island, Rhode Island School of Design, Roger Williams University, and Providence College) sometimes at great cost, others like Brown University, unique among Ivy League institutions, features graduating seniors, rather than outside dignitaries, as their commencement speakers. This year, Rhode Island College,
under graduate and graduate commencement speakers are Rhode Islanders.

So, I say to Presidents of Colleges and Universities, with your tight budgets you can save a little money by not bringing in high paid commencement speakers. As can be seen below, there are many potential    commencement speakers in local communities throughout the state who fly below the radar screen and can give college graduates sound strategies for success gleaned from their life experiences. They give road maps on how one can live a more healthy fulfilling life, mature in a way to realize their potential and age gracefully in a challenging and quickly changing world.

Jesse Nemerofsky, 60, Providence, Professional Commercial Photographer. “Always remember that everyone you meet in life can be a potential or future client. This being said, a positive introduction of yourself is a valuable way to be called to work together on projects, even to be hired for future jobs. George H. W. Bush, 41st President of the United States, has stated in interviews that when he meets someone he gets their business card, and at birthdays, Christmas time, or when the person is honored, he sends them a personal note. By taking time to acknowledge people over the lifetime of his career, the former President is highly respected by those he has encountered, even if his political position or business venture was successful or not.   Honesty and representing your capabilities is of course of the utmost importance, and small gestures like sending a personal note can ultimately have great impact, but excellence in your work should be your main goal.”

Michael Cassidy, 66, Pawtucket, Retired. “As you go into the ‘real’ world from the sheltered ‘world of college’ don’t be too quick to judge the new people you meet in the work place.  People come in all types, sizes, shapes, temperaments, personalities, ages, and backgrounds; and they all have their own experiences from which you can learn. If you are smart enough to listen to what others have to offer, you can learn from them not only what to do, but what not to do. And most times learning what not to do is the most valuable lesson you can have.”

Olon Reeder, 55, North Providence, Reeder Associates Public Relations. “Become adaptable to constant changes in your life. Today’s global environment demands that you must become faster, better and smarter and compete with yourself and everyone else to survive socially. You have to embrace non-stop learning, empower yourself with your own resources, have an independent attitude and create value for who you really are and what you want to be to shape your quality of life for the future!”

Michelle Godin, 50, Vice President, New England Economic Development Services, Inc. “Live each day of your life with integrity. Whether in your personal life or professional life, integrity will define you as a person.  Never waiver.  When your days on earth are ended, it is your integrity that others will remember.   Those who live with integrity will be fondly remembered and missed, because with integrity comes many other admirable qualities such as compassion, empathy, tolerance, and understanding.  Those lacking integrity will be discussed with disdain and quickly forgotten.  Choose to become exemplary.”

Paul Audette, 85, Pawtucket, semi-retired businessman.The Youth of today — from puberty to whatever age one reaches maturity – tend to see life as it pertains to them, yet each person is responsible for him or herself.  While the youth may have the knowledge, they lack the life experience which is the main factor in making good sound judgments that ultimately affect (your) well-being as well as that of your loved ones. While experience cannot be taught, it cannot be overlooked as a major component in making sound decisions that affect your future.experience comes from living – and life is a journey.”

Joan Retsinas, 67, Providence, a writer. “Savor, savor, savor. Savor the sunshine, and the rain. Savor your friends, your family, your colleagues. Nurture the people close to you. Be a friend. Fall in love. If you fall out of love, fall in again. Read “Winnie the Pooh” to a child. Eat ice cream. Ride a bike. Swim in the ocean. Laugh. As for fame, fortune, and success, don’t fret. They don’t really matter.”

Rick Wahlberg, 61, Senior Project Manager, Blue Cross & Blue Shield of Rhode Island. Be Useful, there is no feeling like making the world a better place. Be Aware, strike a balance between career, family, friends, and community. Be Grateful for what you have, don’t be jealous of what you don’t have, and share.

Wendy Jencks, 61, Cumberland, Visitor Center Manager, Blackstone Valley Visitor Center. “There may be a time in young people’s lives when they are nervous to take a risk, don’t be afraid to take a chance. If an opportunity/life experience arises and you want it, take it even if it is unconventional. You may not get another opportunity again. Also, a person’s first job is not the end all be all. Your dream job may actually be something you did not study. People confine themselves to their own walls.”

Larry Sullivan, 49, Pawtucket, Director, Net Compliance Solution’s technical & consulting services. “Recognize opportunity. If you can’t identify opportunities, then they are very likely to sneak past you unnoticed. Most people’s search criteria is so narrow in focus that it can essentially blind them to opportunities available right in front of their face. It’s the old “can’t see the forest for the trees” scenario. Also, see yourself as a valuable asset. Your self-image will make a huge difference in the type of opportunities you attract to yourself. If you see yourself as a valuable asset, and you present yourself as such, others will see you that way as well.”

Denise Panichas, 50, Woonsocket, Executive Director of The Samaritans of Rhode Island. “Respect cannot be given when asked for, it has to be earned.” This is something you learn later in life. How do you earn respect from those around you? By being true to yourself – your values, beliefs and most importantly to your commitments to family, friends and the community.”

Ken McGill, 51, Pawtucket, Register of Voters, City of Pawtucket. “Find time to give back to your community. In the years to come you will be looking for a good job, getting married, having children and getting on with life. Never forget those in need in your community. Mentoring children, giving time to a soup kitchen, volunteering to help civic groups in your city or town or just helping a neighbor will give you more reward than any salary or position in the corporate world.“

Gail Solomon, 59, Pawtucket, Gail Solomon, Inc., a graphic design company. “You’re not the most unqualified or least knowledgeable person in the room. Everyone else thinks they are. And anyway it’s much more elegant to ask questions than to behave like you know all the answers. Because nobody does. Ever.”

Susan Sweet, 72, Rumford, former state administrator, non- profit lobbyist and advocate. “In the short space that we are in the world, we must create meaning in our lives by contributing to the happiness and well-being of other people and other sentient beings. To do good and useful work, caring and acting for the betterment of others is the true goal of life.”

Bob Billington, President of the Blackstone Valley Tourism Council who received his Doctorate in Education from Johnson & Wales University in 2005, says that “Star Power Sells” when seeking out a commencement speaker. “We have regular people walking amongst us who do very extraordinary things everyday but they may never get a chance to give a commencement speech at a college or university,” he notes.

If so, I say that it’s a shame.

Herb Weiss, LRI ’12, is a writer who covers aging, health care and medical issues. He can be reached at hweissri@aol.com.